In Georgia, the court may look into all the circumstances of the parties, including but not limited to; the parental suitability of each parent, the needs of the child, the prior role of each parent, the wishes of the child, the location of the residences of each parent, and any agreement between the parents.

The court may consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the court has made a finding of family violence.

If the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child´s selection shall be controlling, unless the parent so selected is determined not to be a fit and proper person to have the custody of the child.

If the child has reached the age of at least 11 but not 14 years, the court shall consider the desires, if any, and educational needs of the child in determining which parent shall have custody. (Georgia Code – Sections: 19-9-1 and 19-9-51)

In Georgia, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they can’t, the court will do it for them.